回複：如何拿到原告在美國法院起訴的證據

These are public record that you can either print from the court website for a small fee or go down to the courthouse to make a copy. Besides that, however, you raised a very important question that most courts in this country are struggling with. That is, which court, the state court in New York, or the Chinese court, has jurisdiction. Within this country, we have abstention doctrines that courts will yield to others who can claim jurisdiction. Concurrent jurisdiction is not allowed. However, jurisdiction is a concern of sovereignty in international dispute. China, in particular, does not allow concurrent jurisdiction but does not yield to foreign court under international comity. As stated in Chinese Civil Procedure Law, if both parties are Chinese citizens, which I assume you are, Chinese court takes jurisdiction regardless whether the same case is filed overseas, as long as one party files the case with a Chinese court.  Which means, any conflicting US court orders are not enforceable in China. The Chinese court probably will not stay the proceeding pending the case in New York. Meanwhile, your NY case is also in jeopardy because you will face jurisdiction issues and service issues.

所有跟帖： 

• 謝各位，eTrack沒有Queens Supreme Court -hpy329- ♀ (373 bytes) () 03/06/2014 postreply 09:51:11

• 補充：我們是在中國結婚，目前算外籍。 -hpy329- ♀ (95 bytes) () 03/06/2014 postreply 10:13:48

• 回複：補充：我們是在中國結婚，目前算外籍。 -apt- ♂ (783 bytes) () 03/06/2014 postreply 13:16:13

• 回複：回複：補充：我們是在中國結婚，目前算外籍。 -hpy329- ♀ (30 bytes) () 03/06/2014 postreply 17:27:06